Coercive and Controlling Behaviour: How the Courts View this Behaviour
This article is written by Morgan Moody from Hunter & Uro- our exclusive family law solicitors in Bedford. In this article, Morgan discusses how the courts view coercive and controlling behaviour in family proceedings.
Coercive and controlling behaviour can exist in many forms, whether this be mentally, physically or financially. Until 2015 the law failed to recognise real psychological abuse or psychological control and due to the failed recognition, coercive and controlling behaviour was never recognised as a criminal offence.
In December 2015 the Serious Crime Act 2015 came into force and introduced a new criminal offence, which is punishable by imprisonment of up to 5 years. This Act means that controlling or coercive behaviour in an intimate or family relationship is now unlawful. In 2021 the Domestic Abuse Act came into force, and Controlling and Coercive Behaviour is included in the definition of Domestic abuse.
Coercive Behaviour in Family Courts
In the case of Re H-N, the Court of Appeal highlighted an increasing need for the court to recognise and focus on the pattern of behaviour. The court also held that coercive behaviour can be in many different forms, and it is possible to be a victim without having sustained a physical injury. If both parents are alleging that there is some sort of coercive or controlling behaviour the courts held that it is their job at a fact-finding hearing to discover the ‘pattern’ or ‘clusters’ of behaviour. For more information on fact finding hearings please read our blog here – https://hunteranduro.co.uk/fact-finding-hearings-in-private-child-proceedings-a-look-at-recent-case-law/
In the case of Re B-B the courts decided to take a ‘cluster’ approach. The courts decided to separate evidence into different clusters of abuse such as physical abuse, sexual abuse emotional abuse and financial abuse. The different clusters allowed the trial judge to build a picture of the relationship and allowed them to identify any patterns of behaviour within the relationship. The clusters allowed the trial judge to develop a clear indication of the abuse suffered, and commented that this may not have been possible had the court considered the allegations of abuse on an individual basis.
Contact Hunter & Uro
At Hunter & Uro we are experienced in recognising coercive and controlling behaviour and understanding how the Court will deal with cases where abuse of this nature is prevalent. If you wish to speak to a specialist lawyer regarding a relationship breakdown where coercive behaviour or abuse is involved, please do contact us to arrange an appointment for a free 30-minute telephone consultation.
Website: https://hunteranduro.co.uk/
Telephone: 01234 889 777
Morgan Moody has been a paralegal at Hunter and Uro since 2022 and she specialises in domestic abuse and children cases.
Morgan joined the team in 2022 as a paralegal, having previously worked as a legal assistant.
Morgan assists Penny with the day-to-day work on all client matters. Morgan appreciates the challenges that may come with separation, divorce and child arrangements and will take every step necessary to ensure that clients receive the highest level of service and that their cases run as smoothly as possible.
In her spare time, Morgan is studying her Legal Practice Course and Masters in law. She enjoys singing and spending time with her family and dogs.